MATTER OF R. G. R. CONSTR. CORP. v. ROBERT J. HARDER, INC.


19 Misc.2d 920 (1959)

In the Matter of R. G. R. Construction Corp., Petitioner, v. Robert J. Harder, Inc., Respondent.

Supreme Court, Special Term, Queens County.

October 8, 1959.


Attorney(s) appearing for the Case

Joseph Jaspan for petitioner.

Milton B. Newman for respondent.


NICHOLAS M. PETTE, J.

This is an application by a general contractor to stay a subcontractor from proceeding "except through arbitration." In effect the movant seeks to vacate a notice of mechanic's lien which was filed by the subcontractor when the contract between the parties provides that such subcontractor "waives and releases the filing of any lien or claims and all right of lien now existing or that may hereafter arise for Work or labor performed...

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